Skip to main content

CIC upholds MHA decision not to make public Naga Framework Agreement

By Venkatesh Nayak*
The Government of India (GoI) signed a peace accord (Naga Accord) with the Nationalist Socialist Council of Nagaland-IM (NSCN-IM) in August 2015 in the presence of the Hon’ble Prime Minister of India. A press release issued by the Prime Minister’s Office (PMO) called it a “framework agreement” and hinted at releasing the details and the execution plan soon after (2nd attachment). Given the concerns raised by several quarters about continued confidentiality of the contents of the Naga Accord, more than a month later, I filed an RTI application with the PMO seeking the following information under the Right to Information Act, 2005 (RTI Act):
“Apropos of the news release dated 03/08/2015 caused to be published by your public authority on the website of the Press Information Bureau (PIB) relating to the signing of the “framework agreement”, between the Government of India and the representatives of the National Socialist Council of Nagaland (NSCN), I would like to obtain the following information under the RTI Act:
1) A clear photocopy of the said framework agreement along with Annexures, if any;
2) A list of all files including electronic files and emails indicating the subject matter, and date of opening of each file in relation to the said framework agreement held by your office along with the total number of pages in each file;
3) A clear copy of all emails and records and documents included in the files referred to at para #2 above;
4) A clear photocopy of all communication received from every source in hard copy or electronic form till date, in relation to the said framework agreement;
5) Details of the compensation package along with the monthly remuneration paid till date to the Government Interlocutor mentioned in the said PIB news release and all other persons providing him assistance;
6) Item-wise details of the expenditure incurred by the Government of India for negotiating the framework agreement since 01/01/2015; and
7) Item-wise details of the funds spent on the travel and accommodation of the representatives of NSCN in New Delhi for participation in the ceremony of signing the framework agreement.
I am a citizen of India. I have attached an IPO (bearing #32F 044910) for Rs. 10/- towards payment of the prescribed application fee. I would like to point out that the information specified above is in the nature of information that is required to be proactively disclosed by your public authority under the terms of Section 4(1)(b) and (c) of the RTI Act. As I am unable to find the said information on your website, I am constrained to submit this formal request. Kindly inform me of the additional fee payable for obtaining the information described above.”

GOI was initially not prepared to confirm who actually held a copy of the Naga Accord

The Central Public Information Officer of the PMO replied that they did not hold a copy of the Framework Accord and transferred the RTI application to the North East Division of the Ministry of Home Affairs (MHA). The MHA also said initially, that it did not hold a copy of the Naga Accord (see 4th attachment). So I filed a complaint with the Central Information Commission (CIC). The CIC conducted five hearings in the matter. The RTI application, the complaint, all additional arguments I submitted and the MHA’s Counter and rejoinder are in the 4th-8th attachments.
Most of the time was taken to ascertain which office in the Government of India actually held a copy of the Naga Accord. Finally, it was revealed that the Office of the Government of India Representative for Naga Peace Talks, who is also the Chief of the Joint Intelligence Committee, holds the Naga Accord. Readers may recollect from the PIB release that he had signed the Naga Accord on behalf of GoI in August 2015.

Initially, CIC directed partial disclosure

The CIC directed disclosure of information relating to the remuneration paid to officials working with the Office of the GoI Representative, also known as the Government Interlocutor for Naga Peace Talks.
The information provided by the MHA indicated that the NSCN leaders paid for their own travel and stay during their visit to Delhi to sign the Naga Accord. About Rs. 13.07 lakhs had been paid to the two consultants hired by the Office of the GoI Representative for Naga Peace Talks. The remuneration paid to the GoI Representative himself was not disclosed.

Later CIC upholds GoI’s decision to keep Naga Accord confidential in public interest

Until the fourth hearing held in April, 2017, MHA contended that it did not hold the information at all. Then under pressure from the CIC, MHA confirmed that the GoI Representative for Naga Peace Talks held a copy of the Naga Accord, the MHA contended that it was the competent authority to take a call on whether to disclose the information or not. MHA argued that the information sought cannot be disclosed on grounds of Section 8(1)(a) pertaining to national sovereignty, territorial integrity and security of the State. I presented the following public interest arguments in favour of disclosure:
1) that MHA has repeatedly extended the application of The Armed Forces (Special Powers) Act, 1958 in Arunachal Pradesh and adjoining parts of Assam citing the alleged illegal and criminal activities of NSCN-IM and other Naga militant groups as major reasons. NSCN-IM is the party with which the Naga Framework Accord was signed in August, 2015. So I argued that the people have the right to seek clarity about the official policy of GoI towards militant groups that challenge the sovereignty and territorial integrity of India. This is especially important in view of the zero tolerance policy towards such groups repeatedly announced by senior members of the NDA Government;
2) that the contents of the Naga Accord had become a matter of widespread public debate during the recent Assembly elections in Manipur and that people had the right to know its contents from official sources;
3) that the NSCN spokespersons were making public statements about their version of the contents of the Naga Accord while GoI remained silent. So the voting and tax-paying citizens of the country have the right to know about the contents of the Naga Accord from GoI.
During the last hearing conducted by the CIC earlier this month, the CIC called for the text of the Naga Accord and other related documents for examination in camera. The GoI Official Representative for Naga Peace Talks provided an overview of the situation regarding the ongoing parleys during the open part of the hearing. The actual records were examined in camera after the CPIO and I were asked to exit the chamber, temporarily.
Now, after weighing the competing public interests favouring or opposing disclosure of the contents of the Naga Framework Accord, the CIC has ruled that it will uphold the MHA’s decision not to disclose the contents of the Framework Accord as so doing will prejudicially affect India’s sovereignty and integrity and the security and strategic interests of the State.
Most of the arguments that MHA and I put forward have been recorded in the CIC’s 24-page long decision. Unfortunately, after the final hearing, the NSCN spokesperson made some more statements about the contents of the Accord. Even though I sent a copy of the related news report to the CIC by email, the CIC elected not to take these materials on board. Fair enough, as the hearing had concluded and the decision had been reserved.
To the best of my knowledge this one of the rare instances where competing public interests were weighed by the Information Commission and a decision to favour one of them, in this case continued confidentiality was taken.
Now it is for the rest of the citizenry, civil society and the mass media, particularly, those who bear the brunt of the activities of the non-State actors in the affected States in northeastern India to press GoI for disclosure of the details of the Naga Accord and the current state of the parleys that is going on.

*Programme Coordinator, Access to Information Programme, Commonwealth Human Rights Initiative, New Delhi

Comments

TRENDING

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

Pairing not with law but with perpetrators: Pavlovian response to lynchings in India

By Vikash Narain Rai* Lynch-law owes its name to James Lynch, the legendary Warden of Galway, Ireland, who tried, condemned and executed his own son in 1493 for defrauding and killing strangers. But, today, what kind of a person will justify the lynching for any reason whatsoever? Will perhaps resemble the proverbial ‘wrong man to meet at wrong road at night!’

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Dowry over duty: How material greed shattered a seven-year bond

By Archana Kumar*  This account does not seek to expose names or tarnish identities. Its purpose is not to cast blame, but to articulate—with dignity—the silent suffering of a woman who lived her life anchored in love, trust, and duty, only to be ultimately abandoned.